AMAR NATH PASI Vs. STATE

JUDGEMENT

(1.) Heard Sri Vinod Kumar Singh Parmar, learned Amicus Curiae for the appellant and Kumari Meena, learned AGA for the State.

(2.) This appeal is directed against the judgement and order dated 30.07.2007 passed by learned Additional Sessions Judge, Fast track Court, Court no.6, Kanpur Nagar by which the appellant has been convicted and sentenced to imprisonment for life u/s 376 I.P.C. with a fine of Rs. 5,000.00 and in case of default of payment of fine additional imprisonment of six months.

(3.) Briefly stated the facts of this case as emerging out from the perusal of the written report of the incident (Ext.Ka.1) lodged by P.W.1 Karan Pandit, father of the victim Sweety at P.S.- Chakeri, District- Kanpur Nagar on 30.10.2005 at about 2350 hours in respect of an incident which had taken place in the intervening night of 26/27.10.2005 in which it is alleged that accused appellant Amarnath Pasi and his accomplice had surreptitiously entered into the house of the informant and lifted his minor daughter, Sweety, aged about 4 years, from her bed on which she was sleeping with her parents. When the factum of his daughter having gone missing came to his knowledge, the informant started searching for her and after sometime he found her lying in an injured state in a bush on a plot behind the "tanki". He lifted her up immediately and took her to Ursula Hospital and got her medically examined by P.W.4 Dr. Subha Misra and her injury report was prepared by her which is on record as (Ext.Ka.4). On the basis of the written report (Ext.Ka.1), Case Crime No. 908 of 2005 u/s 354 I.P.C. was registered against the accusedappellant Amarnath Pasi at P.S.- Chakeri, District- Kanpur Nagar. Check F.I.R. (Ext.Ka.2) as well as relevant G.D. Entry (Ext.Ka.3) were prepared by P.W.3 Constable Shiv Pal Singh. The investigation of the case was taken over by P.W.5 S.I. Jitendra Pal Singh, who after inspecting the place of occurrence, prepared its site plan (Ext.Ka.7). He also procured vaginal slides of the victim and dispatched the same for pathological examination. The report of the pathologist is on record as (Ext.Ka.6). Supplementary report of Kumari Sweety is on record as (Ext.Ka.5). The Investigating Officer, after completing the investigation, submitted charge-sheet against the accused-appellant Amarnath Pasi u/s 354/376 I.P.C. before C.M.M. Kanpur Nagar. Since the offences mentioned in the charge-sheet were triable exclusively by the Court of Sessions, C.M.M., Kanpur Nagar committed the case for trial of the accused to the Court of Sessions Judge, Kanpur Nagar where it was registered as S.T. No. 198 of 2006, State Vs. Amarnath Pasi and made over for trial to the Court of Additional Sessions Judge, Fast track Court, Court no.6, Kanpur Nagar, who on the basis of material collected during investigation and after hearing the prosecution as well as accused on the point of charge, framed charge u/s 354/376 I.P.C. against the accused-appellant who abjured the charge and claimed trial.